BERMAN v. BRUNSWICK HOSP. CTR.


94 A.D.2d 736 (1983)

Charlotte A. Berman, as Administratrix of The Estate of Milton N. Berman, Deceased, Respondent, v. Brunswick Hospital Center et al., Defendants, and Myles R. Desner, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 16, 1983


Order reversed, on the law, with costs, appellant's motion for summary judgment is granted and plaintiff's cross motion is denied.

Appellant demanded a bill of particulars on October 6, 1981 and, when no response was received, he obtained an order of preclusion, dated July 2, 1982, without opposition. In response to appellant's subsequent motion for summary judgment, plaintiff cross-moved to vacate the preclusion order, proffering the illness of her attorney as an...

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